Evidence doesn't always survive contact with the trucking company's legal team. Documents disappear. Data gets overwritten. Maintenance records become conveniently incomplete. For accident victims in Kansas City, this creates a significant problem—the very information needed to prove negligence often sits in the hands of the party responsible for the crash.
Trucking companies are required to maintain specific records, but enforcement depends on timely action. Understanding what evidence exists, recognizing the signs of concealment, and moving quickly can mean the difference between a strong case and one that never gets off the ground. Below, our Kansas City truck accident attorneys explain how you can tell if the trucking company is concealing or destroying evidence and what actions help preserve your case.
FMCSA Recordkeeping Requirements for Trucking Companies
Federal Motor Carrier Safety Administration (FMCSA) regulations require detailed record-keeping for commercial carriers. These requirements exist precisely because trucking operations generate significant safety risks, and documentation creates accountability. For example, Trucking companies must maintain:
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Driver qualification files, including employment applications, driving records, medical examinations, and road test certifications
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Vehicle maintenance records documenting all repairs, inspections, and part replacements for each vehicle
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Hours-of-service logs showing when drivers work and rest to prevent fatigue-related accidents.
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Inspection reports documenting vehicle inspections and results
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Drug and alcohol testing records and results for drivers
Electronic Data Provided Key Truck Accident Evidence
Modern trucks generate enormous amounts of electronic data through engine control modules (ECMs), ELDs, telematics systems, dash cameras, and GPS tracking. For example, ECMs record speed, braking, acceleration, and engine performance in the moments leading up to a crash. This data can provide critical evidence in truck accidents, as it can prove speeding, sudden maneuvers, or mechanical failures—but it's also fragile.
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ECMs typically retain data on a loop, overwriting older information as new data comes in. Without prompt preservation, critical evidence disappears within days or weeks.
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The same holds true for dash camera footage, which may automatically delete after a set period unless specifically saved. Trucking companies are aware of this, and some exploit the window before legal action forces preservation.
Red Flags That Evidence Is Being Hidden or Destroyed
Certain patterns suggest a trucking company isn't acting in good faith when it comes to evidence preservation. These warning signs often emerge in the weeks following an accident.
Delayed or Incomplete Document Release
When a trucking company stalls on providing basic records—or claims documents don't exist that federal regulations require—something's wrong. Missing maintenance logs, incomplete driver files, or gaps in hours-of-service records indicate either poor compliance or active concealment.
Rapid Vehicle Repairs or Disposal
Trucks involved in serious accidents shouldn't return to service or be sold before undergoing a proper inspection. When companies rush repairs or move vehicles out of state, they eliminate the opportunity for independent mechanical examination that might reveal maintenance failures or manufacturing defects.
Driver Termination or Reassignment
Firing or transferring the driver shortly after an accident can make witness testimony harder to obtain and may signal the company's desire to distance itself from liability. It also suggests they're more concerned with damage control than determining what actually happened.
Claims of Unavailable Electronic Data
ECM downloads, ELD records, and dash camera footage should all be accessible immediately after an accident. When companies report technical failures, corrupted files, or routine deletion cycles, these explanations deserve scrutiny—especially when the data would likely show driver error or company policy violations.
Act Quickly to Protect Your Truck Accident Claim
Evidence preservation in truck accident cases operates on an accelerated timeline compared to typical motor vehicle crashes. The trucking company controls most of the critical documentation, and without legal intervention, that evidence follows the company's retention policies—not the best interests of the victim.
Trucking companies have legal teams and insurance adjusters working to minimize liability from the moment an accident occurs. They understand the value of evidence control and the benefit of delays. Victims who act quickly level the playing field and ensure that the full story—not just the company's version—becomes part of the legal record. Hiring a Kansas City truck accident attorney, such as the experienced injury lawyers at Fowler Pickert Eisenmenger Norfleet, within the first few days after the crash gives your case the best chance of success.
Key Ways a Kansas City Truck Accident Attorney Can Help
Once you secure legal counsel, your lawyer will typically take several immediate actions designed to lock down documentation before it disappears.
Spoliation Letter
To create a legal record, an attorney will typically send spoliation letters within days of being retained for a truck accident case. These letters formally notify the trucking company, its insurer, and any relevant third parties of the legal duty to preserve all evidence related to the accident. The letter identifies specific categories of documents, electronic data, physical evidence, and witness information that must be maintained.
If evidence disappears after a company receives proper notice, courts can impose sanctions, allow the jury to infer that the destroyed evidence would have harmed the company's case, or even dismiss the company's defenses entirely. However, spoliation letters only work if they arrive before the evidence vanishes.
Issuing Preservation Demands
Beyond the initial spoliation letters, your attorney may seek temporary restraining orders or preliminary injunctions that require the trucking company to maintain specific evidence. These court orders carry more weight than the letters and create immediate legal consequences for non-compliance.
Conducting Independent Vehicle Inspections
Arranging for independent mechanical inspections of the truck, trailer, and any associated equipment enables qualified experts to document the vehicle's condition, identify maintenance issues, and preserve physical evidence, such as brake components, tire treads, or defective parts.
Downloading Electronic Data
Forensic specialists can extract and preserve ECM data, ELD records, telematics information, and other digital evidence before it gets overwritten or deleted. This creates a permanent record that remains available throughout the litigation process.
Identifying and Interviewing Witnesses
Other drivers, passengers, bystanders, and even employees of other trucking companies may have witnessed what happened or have knowledge of company practices that contributed to the accident. Locating and documenting these accounts early prevents memories from fading and witnesses from becoming unavailable.
Requesting Federal Safety Records
The FMCSA maintains databases tracking trucking company safety ratings, inspection results, violation history, and crash records. Experienced truck accident attorneys pull these reports to establish patterns of non-compliance, identify systemic safety issues, and demonstrate whether the company has a history of similar problems.